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1. BORA Taxation (Kiwisaver and Company Tax Rate Amendments) Bill [pdf, 386 KB]

   ...Kiwisaver scheme. The Bill also decreases the company tax rate, and makes a number of remedial amendments for the new portfolio investment entity rules. CONSISTENCY WITH SECTION 19 OF THE BILL OF RIGHTS ACT 4. Section 19(1) of the Bill of Rights Act protects the right to freedom from discrimination on the grounds of discrimination set out in section 21 of the Human Rights Act 1993, including age (which means any age of 16 years old and over). 5. Taking into account the various domesti...

2. Family Court Rewrite Submission - NZ Nurses Association [pdf, 307 KB]

   ...the opportunity for whānau based counselling sessions. 24. What types of therapeutic intervention would be useful in complex cases? As health professionals, we see the benefit of nurses and health workers (mental health nurses, primary health care nurses and community health workers) providing support to families and whānau who are accessing the Family and Whānau Court. We agree with proactive measures that would allow Judges to direct parties for psychological or psychiatric asse...

3. [2019] NZEmpC 146 Alkazaz v Asparona Ltd [pdf, 220 KB]

   ...Court must consider all of the circumstances, including the nature of the proceedings and the interests of both parties.5 An order for security that has the effect of preventing a party from pursuing his or her claim should only be made after careful consideration, as access to the courts for a genuine plaintiff 4 Quality Consumables Ltd v Hannah (No 2) [2017] NZEmpC 155 at [12]. 5 McLachlan v MEL Network Ltd [2002] 16 PRNZ 747 (CA)...

4. LCRO 124/2018 BK v [Area] Standards Committee (25 February 2020) [pdf, 140 KB]

   ...that the lawyer’s conduct constituted unsatisfactory conduct pursuant to sections 12(b) and/or (c) of the Lawyers and Conveyancers Act 2006 (the Act) by way of a breach of rule 13.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. [6] After taking various mitigating factors into account, the Committee determined to make no orders following the finding. It did however, direct that, in the interests of the public, a summary of the determination should b...

5. Auckland Standards Committee v Smith Charges [2015] NZLCDT 40 [pdf, 31 KB]

   ...disrepute? 6. If not, did her conduct “fall short of the standard of competence and diligence” expected, in terms of s 12(a), as pleaded? Background [5] Ms Smith is living overseas, but gave evidence by Skype link. We were impressed by her careful and straightforward answers in cross-examination. Having heard the evidence of Ms Smith, we consider that a number of the particulars pleaded are inaccurate. Indeed, in opening, Mr McCoubrey, for the Standards Committee, properl...

6. BT v U Ltd [2024] NZDT 574 (30 July 2024) [pdf, 175 KB]

   ...depth of 1.3 metres (photos provided). U Ltd’s own vehicles as well as customer vehicles were written off as a result of the event. 3. While BT’s written submissions address various arguments regarding U Ltd’s alleged breach of duty of care, and he referenced a news report giving details of the weather warning before the event, it is well-known that [City], including [Local Council] and emergency services, was taken by surprise by the speed and severity of the flooding that resu...

7. Eppanapally v Zhou [2014] NZIACDT 118 (28 November 2014) [pdf, 229 KB]

   ...Zhou, in late June 2011. It included comments regarding the request for information of 29 June 2011. The interim decision noted Ms Zhou claimed Mr Martin tampered with her email. [18] On 2 August 2011, Immigration New Zealand wrote to Mr Eppanapally, care of Richard Martin Immigration New Zealand. This letter informed him Immigration New Zealand declined his application for a work permit under the Long Term Business regime. The letter said there had been an earlier letter dated 29 June 2...

8. LCRO 211/2020 BU - Application for review of a prosecutorial decision (30 July 2021) [pdf, 233 KB]

   ...Zealand Lawyers and Conveyancers Disciplinary Tribunal. Background [2] Mr GC, and his mother Mrs RC, were engaged in a lengthy and acrimonious family dispute. [3] In 2016, Mrs RC instructed Mr BU to make application to the Family Court for a protection order. Mr GC was the subject of the application for protection. [4] The application was filed on 9 May 2016. The application recorded the parties to the application as Mrs RC, together with her husband SC. 2 [5] Unfortunatel...

9. Khan v Khetarpal [2016] NZIACDT 6 (22 January 2016) [pdf, 239 KB]

   ...respective grounds for the complaints the Tribunal upheld were: [1.1] In this complaint Khan v Khetarpal [2015] NZIACDT 45 (IACDT 033/14) the Tribunal upheld the complaint on the basis Ms Khetarpal lodged a defective application through lack of care and professionalism, and failed to properly adviser her client in the course of that process. [1.2] In Prajapati v Khetarpal [2016] NZIACDT 5 (IACDT 023/14), the Tribunal has upheld the complaint on the basis Ms Khetarpal failed to handle...

10. J v Khetarpal [2016] NZIACDT 7 (22 January 2016) [pdf, 243 KB]

    ...against Ms Khetarpal, the respective grounds for the complaints the Tribunal upheld were: [1.1] In Khan v Khetarpal [2015] NZIACDT 45 (IACDT 033/14) the Tribunal upheld the complaint on the basis Ms lodged a defective application through lack of care and professionalism, and failed to properly adviser her client in the course of that process. [1.2] In Prajapati v Khetarpal [2016] NZIACDT 5 (IACDT 023/14), the Tribunal has upheld the complaint on the basis Ms Khetarpal failed to handle...